Common use of Sole Source as Grounds for Rejection of a Change Order Clause in Contracts

Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of Contractor's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the Contractor a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor cannot acquire the full contractually required warranties from the Sole Source, Contractor shall be held only to the warranty terms and schedule obtainable from the Sole Source.

Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor CM/GC for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor CM/GC is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor CM/GC shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor CM/GC the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor CM/GC shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor CM/GC for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of ContractorCM/GC's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the Contractor CM/GC a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor CM/GC cannot acquire the full contractually required warranties from the Sole Source, Contractor CM/GC shall be held only to the warranty terms and schedule obtainable from the Sole Source.

Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor Design-Builder for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor Design-Builder is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor Design-Builder shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor Design-Builder the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor Design-Builder shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor Design-Builder for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional Program Manager to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of ContractorDesign-Builder's proposal or otherwise. Upon revision of the Bulletin by the Design Professional Program Manager and approval thereof by the Owner, the Owner shall again submit to the Contractor Design-Builder a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor Design-Builder cannot acquire the full contractually required warranties from the Sole Source, Contractor Design-Builder shall be held only to the warranty terms and schedule obtainable from the Sole Source.

Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of Contractor's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the Contractor a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor cannot acquire the full contractually required warranties from the Sole Source, Contractor shall be held only to the warranty terms and schedule obtainable from the Sole Source.Contractor

Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor CMR for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor CMR is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor CMR shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor CMR the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor CMR shall give written notice to the Owner Board rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor CMR for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner Board may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of ContractorCMR's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the OwnerBoard, the Owner Board shall again submit to the Contractor CMR a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner Board decides to retain the Sole Source in the Change Order and Contractor CMR cannot acquire the full contractually required warranties from the Sole Source, Contractor CMR shall be held only to the warranty terms and schedule obtainable from the Sole Source.

Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor Design- Builder for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor Design-Builder is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor Design-Builder shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor Design-Builder the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor Design-Builder shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor Design-Builder for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional Program Manager to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of ContractorDesign- Builder's proposal or otherwise. Upon revision of the Bulletin by the Design Professional Program Manager and approval thereof by the Owner, the Owner shall again submit to the Contractor Design-Builder a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor Design-Builder cannot acquire the full contractually required warranties from the Sole Source, Contractor Design- Builder shall be held only to the warranty terms and schedule obtainable from the Sole Source.

Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of Contractor's proposal or otherwise. Upon revision of the Bulletin by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the Contractor a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole ole Source in the Change Order and Contractor cannot acquire the full contractually required warranties from the Sole Source, Contractor shall be held only to the warranty terms and schedule obtainable from the Sole Source.

Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor Design-Builder for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor Design-Builder is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor Design-Builder shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor Design-Builder the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor Design-Builder shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor Design-Builder for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional Executive Administrator to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of ContractorDesign-Builder's proposal or otherwise. Upon revision of the Bulletin by the Design Professional Executive Administrator and approval thereof by the Owner, the Owner shall again submit to the Contractor Design-Builder a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor Design-Builder cannot acquire the full contractually required warranties from the Sole Source, Contractor Design-Builder shall be held only to the warranty terms and schedule obtainable from the Sole Source.

Sole Source as Grounds for Rejection of a Change Order. If a Change Order is submitted to Contractor Design- Builder for the purposes of adding a Bulletin to this Contract and said Bulletin designates a Sole Source from which Contractor Design-Builder is required to procure goods or services necessary to perform the Work, which Sole Source has not been designated previously, Contractor Design-Builder shall be entitled to reject the proposed Change Order if the designated Sole Source refuses to provide to Contractor Design-Builder the warranties, bonds, terms or schedule required under the Contract Documents, including any warranty or terms or schedule required by Bulletins referenced in the proposed Change Order. In such event, Contractor Design-Builder shall give written notice to the Owner rejecting the proposed Change Order and, if possible, shall accompany said written notice with a proposal from Contractor Design-Builder for changes or modifications to the Bulletin so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner may then require the Design Professional Executive Administrator to revise the subject Bulletin so as to eliminate the designation of the Sole Source by incorporation of ContractorDesign-Builder's proposal or otherwise. Upon revision of the Bulletin by the Design Professional Executive Administrator and approval thereof by the Owner, the Owner shall again submit to the Contractor Design-Builder a proposed Change Order for the purpose of adding the revised Bulletin to this Contract. If the Owner decides to retain the Sole Source in the Change Order and Contractor Design-Builder cannot acquire the full contractually required warranties from the Sole Source, Contractor Design-Builder shall be held only to the warranty terms and schedule obtainable from the Sole Source.